Jennifer Setters

Jennifer is a first generation Mexican-American and a long-time resident of Las Vegas, Nevada. She first relocated to Las Vegas in 1997 and enrolled & graduated from Rancho High School. Quickly after, Jennifer enrolled and graduated from the University of Las Vegas, Nevada with a Bachelor of Arts in Criminal Justice.

In 2010, she enrolled at the Boyd School of Law in Las Vegas, Nevada. Jennifer demonstrated an innate passion for helping others protect their legal rights. In 2011, she was recognized as Student of the Year for Boyd’s Community Service Program where she taught divorce and custody classes to underprivileged Spanish-speaking litigants.

Since graduating law school, Jennifer has represented hundreds of clients in a multitude of legal actions in various areas of law.

Before establishing Gastelum Law, Jennifer worked for highly-established firms where she was tasked with opening family law and personal injury divisions from the ground up to representing hundreds of clients both in prelitigation and litigation matters. Jennifer is not afraid to litigate in court; her philosophy is every client deserves diligent and aggressive representation. She strives to fight for every client to receive the best legal outcome.

In her free time, Jennifer enjoys spending time with her son, two daughters, and husband. She loves the outdoors, working out, and exploring new places.

Languages:

English
Spanish

Licensures:
Nevada District Courts
Arizona District Courts
United States District Court, District of Nevada

• Credit Cards Accepted
• Contingent Fees
  Checks, cash, payment options

Nevada

State Bar of Nevada

ID Number: 13126

Founder

Jennifer Gastelum Law PLLC

2018 - Current

UNLV William S. Boyd School of Law

J.D. (2013) | Law

2010 - 2013

Honors: Honors in Legal Writing

Activities: Worked at the Public Defenders office as well as Pro Bono work.

University of Nevada-Reno

B.A. (2005) | Criminal Justice

Rising Star

Super Lawyers

State Bar of Nevada  # 13126

Member

Current

Q. Seeking spousal support after 44-year marriage and abuse, facing financial hardship.

June 26, 2025

A: Understanding Your Legal Position

After a 44-year marriage, especially with a documented history of domestic violence and significant income disparity, your case strongly aligns with the traditional criteria for long-term spousal support (alimony). Courts often look at:

Length of the marriage

Financial needs and earning capacity

Age and health of both parties

Marital standard of living

History of abuse or economic coercion

Assets awarded or retained in the separation

Despite this, the judge denied your request — citing that your spouse likely “would not pay even if ordered.” This is not a typical legal basis to deny support and raises serious concerns about due process and enforceability standards. ... Read More

Q. Clarification on custody agreement for vacation overlapping days.

June 20, 2025

A: While I can offer general guidance, it’s important to note that custody matters are highly fact-specific and you should consult with a family law attorney familiar with your court order and jurisdiction for tailored advice.

That said, based on what you’ve described, if your custody agreement explicitly allows for each parent to take a two-week vacation block with only one week’s prior notice—and you provided more than the required notice and shared the travel details—then your planned vacation time may rightfully take precedence over the regular parenting schedule, including your co-parent's usual custody days.

However, if the agreement does not clearly state how transitions should work when vacation time overlaps the other parent's days, that ambiguity could lead to conflict—especially if it doesn't explicitly allow a parent to retain the children on a day that would normally be the other parent’s, even during vacation.

Since you’re concerned the other parent may not return the children as promised if you follow his request to drop them off, and given that you already provided timely notice, it may seem reasonable to want to keep the children on June 18th to ensure smooth travel. Still, doing so without mutual agreement or explicit language in your custody order could potentially be viewed as a violation of the current schedule.

To minimize legal risk, consider:

Reviewing your court order for any vacation override clauses.

Documenting all communication regarding notice and dates.

Consulting your attorney for case-specific advice before taking action.

A quick legal consultation could help you better understand whether your interpretation of the vacation clause holds legal weight and how to proceed without risking a custody violation. ... Read More

Q. Legal steps for father to seek custody in Nevada before I turn 18

May 2, 2025

A: Thank you for reaching out—your situation is both serious and time-sensitive. In Nevada, a father can take legal action to seek custody even if the other parent has full legal and physical custody. Since you're 17, there is still time for your father to intervene before you turn 18, especially if you are being neglected in ways that affect your education, safety, and well-being.

✅ Legal Steps Your Father Can Take in Nevada

1. File a Motion to Modify Custody in Family Court

Your father must file a Motion to Modify Custody in the Clark County Family Court (since you live in Las Vegas). He will need to show that:

There has been a substantial change in circumstances (e.g., educational neglect, lack of life preparation, poor living conditions),

Changing custody is in your best interest (NRS 125C.0035 governs this in Nevada).

He should emphasize the neglect you’ve experienced, your wishes, and how he can meet your needs better.

2. Request an Expedited Hearing or Emergency Order

If the neglect is severe or urgent (e.g., no education, risk of homelessness, or isolation), your father can:

File a Motion for Temporary Custody or Emergency Relief,

Request a child interview or guardian ad litem to give the court insight into your experiences and wishes.

3. Include Your Voice in the Process

Nevada courts consider the child’s preference when the child is of “sufficient age and maturity,” usually around 14 or older. At 17:

You are well within the age where the court may weigh your opinion heavily.

You may be asked to speak privately with the judge or to provide a written declaration.

Your father’s attorney can request this during the custody hearing.

4. Gather and Present Supporting Evidence

To strengthen the case, your father should collect:

Any prior CPS or police reports you filed,

Records showing lack of homeschooling or education (e.g., no transcripts, failure to register with a homeschool authority),

Statements from counselors, teachers, neighbors, or family members,

A detailed parenting plan explaining how your father will meet your academic, emotional, and developmental needs.

5. Consider Appointing an Attorney for You

You may be eligible for a minor's counsel or guardian ad litem—an attorney who represents your best interest in court. The court can appoint one upon request if your father’s motion explains why your voice needs legal representation.

⚖️ Important Considerations

CPS involvement doesn’t prevent a family court from stepping in and changing custody—they are separate processes.

Custody can be modified up until you turn 18 or become legally emancipated.

Family courts generally act faster when the child is older and clearly expressing a well-reasoned preference.

⏳ Time is Limited — Act Quickly

You’re close to 18, but your father still has legal standing to act now. If the court agrees, you could be living with your father within weeks, especially if there’s urgency and proof of neglect. ... Read More